© 2003 prentice-hall, inc. 1 what is criminal justice? in its broadest sense, the aspects of social...

© 2003 Prentice-Hall, Inc. 1

What Is Criminal Justice?

In its broadest sense, the aspects of social justice that concern violations of the criminal law.


In the strictest sense, the criminal (penal) law, the law of criminal procedure, and the array of procedures and activities having to do with the enforcement of this body of law.



The study of criminal justice also includes the following viewpoints:

• individual rights

• public order



What is the definition of

crime?


CrimeMy House

...an act committed or

omitted in violation of a law

forbidding or commanding it...


Crime

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...for which the possible penalties for an adult upon

conviction include incarceration...


Crime

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...for which a corporation can be penalized by fine or forfeit...


Crime

...or for which a juvenile can be

adjudged delinquent or transferred to

criminal court for prosecution.

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American History: A Brief Overview of Social Phenomena

1850 - Present

• 1850 - 1880: social upheaval caused by immigration

• 1960’s-1970’s: rights of ethnic, racial minorities, women,

war protests


• The 1980’s saw a dramatic increase in sale and use of illicit drugs.

• The 1990’s saw violent encounters among citizens and law

enforcement agents.


1850 - Present


• The year 2000 saw an emphasis on responsibility and

punishment of offenders.

• Terrorism on American soil is of central concern today.


1850 - Present


What is Justice?


Justice

principle of moral rightness or

conformity to truth


Social Justice

• civil justice

• criminal justice


Civil JusticeDeals with fairness in relationships between citizens, government agencies, and business in private matters.


Criminal Justice

concern for violations of the criminal law


American Criminal Justice: The System

• law enforcement

• courts

• corrections



Consensus ModelConsensus Model

This model assumes cooperation between all components of the system towards a common goal.


All components of the criminal justice system are self-serving and compete for limited resources.


Conflict ModelConflict Model


American Criminal Justice:

System Components


Police


Courts


Corrections


Police:Investigation and Arrest

Police become aware of a violation of law.Police become aware of a violation of law.

proactive law enforcement vs.reactive law enforcement


Types of Police Responses:

Proactive:

The police, usually during routine patrol, observe a suspicious situation or a crime in progress.


Types of Police Responses:

Reactive:

The police respond to a request for assistance either as a result of a phone call from a citizen, or are flagged down while on patrol.


WarrantIn criminal proceedings, a writ issued by a judicial officer directing a law enforcement officer to perform a specified act and affording him/her protection from damage if he/she performs it.


Arrest The taking of a

person into physical custody by authority of law, for the purpose of charging the person with a criminal offense…


Arrest

or a delinquent act or status offense terminating with the recording of a specific offense.


Miranda v. Arizona (1966)

The U.S. Supreme Court reversed the conviction of Ernesto Miranda and thereby established guidelines for the police to follow in the interrogation of suspects.



• You have the right to remain silent.• Anything you say can and will be

used against you in a court of law.

• You have the right to talk to an attorney and have him/her

present while you are being questioned.



• If you cannot afford to hire an attorney, one will be

appointed to represent you.• You can decide at any time to

exercise these rights and not answer any questions or make any statements.


Miranda v. Arizona (1966) Waiver

• Do you understand each of these rights I have explained to you?

• Having these rights in mind, do you wish to talk to us now?

After the warnings have been given, the following questions should be asked.

After the warnings have been given, the following questions should be asked.


Booking

At time of booking, the accused’s:

An administrative process officially recording an entry into detention after arrest.


• name• address• time and place of arrest


Booking

At time of booking, the accused’s:



• Arrest charges are entered into the police log.

• Fingerprints and photos can also be taken.


First Appearance

• It usually occurs within 24 hours of arrest.

• Charges against individual are read.

• Accused is advised of his/her rights.


First Appearance

• An attorney is appointed if the accused is indigent.

• An opportunity for bail may be provided.


Bail

• to ensure that the accused appear in court for trial


Preliminary Hearing: Grand Jury

The U.S. Constitution provides that the state must prove that there is probable cause to believe that the accused committed the crime.


Preliminary Hearing: Grand Jury

When the state proves that there is probable cause, then there is sufficient reason to try the person as charged. The Grand Jury can issue an indictment.


Preliminary Hearing

• Whether a crime was committed. • Whether the crime occurred

within the territorial jurisdiction of the court.

A proceeding before a judicial officer in which three matters must be decided:A proceeding before a judicial officer in which three matters must be decided:


Preliminary Hearing

A proceeding before a judicial officer in which three matters must be decided:A proceeding before a judicial officer in which three matters must be decided:

• Whether there are reasonable grounds to believe that the defendant committed the crime.


Arraignment

• It takes place after a preliminary hearing or indictment.

• Charges are read.


Arraignment• An attorney is provided if the

defendant has not yet retained one.

• The defendant is asked to enter a plea.

• If the plea is “not guilty,” than a trial date is set.


It is the hearing before a court having jurisdiction in a criminal case, in which the identity of the defendant is established, the defendant is informed of the charge(s) and of his/her rights, and the defendant is required to enter a plea.

Arraignment


In some instances, it also means any appearance in court prior to trial in criminal proceedings.

Arraignment


Trial If the defendant enters a plea

of “not guilty” at the arraignment, the proceedings will move

forward to the trial phase.


TrialAt this phase, the burden of proof

is on the state to prove “beyond a reasonable doubt” that the defendant committed the

crime.


TrialIn criminal proceedings, a trial is the examination in a court of the issues of fact and law in a case, for the purpose of reaching a judgment of conviction or acquittal of the defendant(s).


Sentencing

• prison • community

corrections

Once convicted, judge imposes punishment in the form of:

Once convicted, judge imposes punishment in the form of:

• fine• probation


Sentencing

Sentences can be served:

• consecutively - one after another

• concurrently - served at the same time


Corrections

A component of the criminal justice system in which the offender serves the sentence imposed.


Corrections

• probation

• prison

• community

corrections

• parole


Due ProcessAsserts that fundamental principles of justice are given priority in a criminal proceeding, and that the administration of the law in a criminal case does not violate individual rights. Based on the 14th Amendment.


Due Process A right guaranteed by the Fifth, Sixth,

and Fourteenth Amendments of the U.S. Constitution, and generally understood, in legal contexts, to mean the due course of legal proceedings according to the rules and forms which have been established for the protection of private rights.


The Constitution


“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws….”

Fourteenth Amendment


Fourth Amendment• The prohibition against unreasonable

searches and seizures.

• The exclusionary rule prohibits the

use of items obtained as a result of

an unreasonable search and

seizure as evidence against a

criminal defendant.


Fifth Amendment

• The bar against double jeopardy.

• The privilege against forced self-incrimination.


Sixth Amendment

• right to a jury trial

• right to a public trial

• right to a speedy trial

• right to confront witnesses

• right to compulsory process to obtain witnesses


• right to assistance of an attorney in felony cases

• right to assistance of an attorney in misdemeanor cases in which a prison term is imposed

Sixth Amendment


Eighth Amendment

It prohibits cruel and unusual punishment.


The Limits of Criminal

Sanctions, 1968

Herbert Packer


Crime Control Model

“Primary attention paid to the efficiency with which the criminal process operates to screen suspects, determine guilt, and secure appropriate dispositions of persons convicted of crime.” (Packer)


“Each of its successive stages is designed to present formidable impediments to carrying the accused any further along in the process.” (Packer)

Due Process Model


Crime Control Model

• assembly line justice

• focus on system efficiency


Due Process Model

• obstacle course justice

• focus on individual rights

© 2003 prentice-hall, inc. 1 what is criminal justice? in its broadest sense, the aspects of social...

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